Legal Opinion
State v. Milk
South Dakota Supreme Court
Decided February 23, 2000No. NonePublishedCited by 36 opinions
1Opinion of the CourtGilbertson, Justice
[¶ 1.] Defendant Mark Milk (Milk) appeals a life sentence for first-degree manslaughter as cruel and unusual punishment. Milk also appeals the trial court’s denial of his motion to reopen the resen-tencing hearing to present psychological testimony. We affirm.
FACTS AND PROCEDURE
[¶ 2.] On the morning of October 3,1993, Milk, age 19 was involved in several altercations with Shawn Peneaux (Peneaux) outside of the John King Memorial Dance Hall in Winner, South Dakota. At approximately 1:30 a.m. Winner police officers were called to the dance hall to respond to a possible knife fight. Bystanders…
2Cases cited16 opinions
- Solem v. HelmSupreme Court of the United States · 1983
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Rummel v. EstelleSupreme Court of the United States · 1980
- State v. BonnerSouth Dakota Supreme Court · 1998
- Iris v. Rivera-Flores v. Puerto Rico Telephone CompanyCourt of Appeals for the First Circuit · 1995
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- State v. RiceSouth Dakota Supreme Court · 2016
- State v. BuchholdSouth Dakota Supreme Court · 2007
- State v. McKinneySouth Dakota Supreme Court · 2005
- State v. GarberSouth Dakota Supreme Court · 2004
- State v. GuthmillerSouth Dakota Supreme Court · 2003
31 more not listed; retrieve them via the Exa API.